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PCM19711207CITY PLAN COMMISSION CITY OF MUSKEGO MINUTES OF MEETING HELD DECEMBER 7, 1971 CITY HALL Mayor Gottfried called the meeting to order at 8:05 P. M. PRESENT: Chairman Jerome Gottfried, Secretary Alvin Basse, Clark Ald. Harold DeBack and Edward Raimann. Planning Consultant Joseph Barry, Willard Bertram, Ald. Robert Burgermeister, William Chase, Mangiamele and Zoning Officer Gerald Lee were also present. Zoning Officer Lee excused himself from the meeting at 10:15 P. M. MINVTES: The minutes of the previous meeting of November 16th, 1971, were approved as mailed. """"" PERSONAL APPEARANCES Paschke & A DONALD MARSH - PARKLAND PLAZA - Mr. Marsh, representative of and ooerational Dlans for two DhaSeS of the aDartment comDlex in ssociates, appeared seeking approval of building, site the Parkland Plaza planned development north bf Janesville Road. plans for the apartments had been teferred to the city engineer, It was noted by the Commission that at the previous meeting the planning consultant and fire chief for review and recommendation. the Plan Commission from Frederick Utpatel, Chief of the Tess Corners Volunteer Fire Department was read by the Recording Secretary: "Dear Sirs: the plans of the proposed town houses in the Parkland Plaza development. We reviewed the plans and the following suggestions were made: main pond. One would be on the parking lot end and the other on the far side. We could draft water from these in the event of a larger fire. In the event that the stores and other buildings are fed from one large well the possiblity of tap offs in various areas would also be helpful. This would be similar to the high school set up. would be feasible? There are times that a service drive would be advantageous to have. This could be used for moving into and out of, garbage and trash collections, rescue squad access, etc. type of fire wall will be constructed between the town houses. I would suggest a four hour type. Two hour would be the minimum. If we had an ordinance regulation on construction, it would help. With these suggestions in mind, I would approve this planned layout. Mr. Marsh has stated that he would try to install the hydrants. . The following communication dated December 5th directed to On December 1, 1971, I had met with Mr. Marsh in discussing The possibility of two hydrant installations leading from the Do you think that a service drive to some of these apartments I have not seen the construction plans and do not know what Thank you, /s/ Frederick G. Utpatel Chief" 0 e December 7th, 1971 Page 2 - Plan Commission the location of the two hydrants as requested by Chief Utpatel as well as the location of 1amp.posts along interior walkways and in the parking areas as had been requested by the Commission at the previous meeting. It was the Commission's opinion that the 10' pedestrian walkways in the complex could serve as service discuss the hydrant installations with the Commission. roads for emergency vehicles. Chief Utpatel was present to operational plans for two phases of the apartment complex in the Parkland Plaza planned development as submitted. MI. Bertram seconded the motion and the motion carried. Mr. Marsh submitted a more detailed site plan which indicated Ald. Burgermeister moved to approve the building, site and NORMAN THOMAS - ALLEN VAN DYKEN - Mayor Gottfried reported that -and Mr. VanDvken would not appear at this meeting in regard to their request for sanitary landfill on the former Gravel, Inc., property, corner of Tans and Hillendale Drives, as results of the soil borings were not as yet available. However, property owners adjacent to the site in question were present. that although four of the adjacent property owners had signed an affidavit that they would not oppose the landfill operation, they were all now concerned that they did not have adequate assurance that the landfill operators would replace their wells in the event they would become polluted and therefore requested to withdraw the signed statements. Mr. Melvin Daliege, W192 S6666 Hillendale Dr. submitted a Chicago newspaper dated December, 1971, with an article concerning pollution of wells from landfill operations for the Commission's review. He also advised that Mr. VanDyken's indication at the last meeting that he (Mr. Daliege) was not opposed to the landfill operation was in error. with Mr. Knudsen and Mr. Daliege. wells within an area of the landfill operation (possibly those wells within 300' of the site). Mr. Chase moved to reconsider the motion made at the last meeting, November 16th. Ald. Burgermeister seconded the motion and the motion carried. Dyken that the Plan Commission is receptive to this proposal for Mr. Chase then moved to indicate to Mr. Thomas and Mr. Van a landfill operation providing there is compliance with the regula- assurances the Plan Commission requires for the protection of the tions of the city and that the operation meets with whatever is that they will require a monitoring of the wells in the area citizens of the City of Muskego and that one of those assurances a result of the landfill operation will be replaced at their to determine purity and a guarantee that any well contaminated as expense. Ald. DeBack seconded the motion and the motion carried. Mr. Richard Knudsen, W193 S6853 Hillendale Drive, advised Mrs. Joseph Warchol, W193 S6839 Hillendale Drive, concurred Mr. Chase suggested that there should be provisions to protect , Page 3 - Plan Commission December 7th, 1971 TED MEYER - WAUER LANDFILL., INC. - Mr. Meyer of Acme Disposal Co.. reuresentative of Wauer Landfill. Inc.. and Mr. Donald Riouel. laniscape architect, appeared seeking'approGa1 of renewal of Commission that at the last meeting they had deferred action on permit for sanitary landfill in Section 18. It was noted by the this request to give Mr. Meyer an opportunity to submit updated information in accordance with Ordinance #194 and Engineer Barry's report da.ted November 10th. Mr. Rippel presented to Mr. Barry the updated information which had been requested. He also reviewed overlay maps indicating interim grading and final grading. Mr. Meyer advised that a water ponding problem will be corrected when air cooled machinery in the rendering plant replaces the vary from 875' to 950' to be compatible with the proposed golf existing water cooled machinery, that contours and grades will course layout, that because the area will be developed on approximately 25' of refuse, a municipal water supply will probably be necessary for future residential development, that it is their intention to return yearly to the Commission with updated plans, that there is a well on the site which is checked monthly for water purity, that the landfill operation does not include any commercial excavating. be advised that the Commission will probably require a monitoring of the wells within the area surrounding the landfill site to determine purity as well as a guarantee that the wells would be replaced if contaminated as a result of the landfill operation. Ald. Burgermeister moved to defer action on this request to give Engineer Barry an opportunity to review the information which had been submitted. Mr. Basse seconded the motion and the motion carried. Mayor Gottfried declared recess at 9:15 P. M. and the meeting reconvened at 9:28 P. M. .. In answer to questions from the Commission, Mr. Rippel and It was the Commission's decision that Wauer Landfill, Inc:, OTHER BUSINESS """_ Glockner, S71 W13219 Tess Corners Drive, for renewal of his junk JACK GLOCKNER - The Commission reviewed the request of Jack dated November 22, 1971, from City Attorney Duckley was read by license which had expired June 30, 1971. The following communication the Recording Secretary: "Dear Mayor: city can properly require Mr. Glockner to petition for an extractive Answering your letter of October 8, 1971, you ask whether the permit inasmuch as his present operation is a legal non-conforming use. On or near the same premises Mr. Glockner also operates a junk yard which is licensed by the city. It is my opinion' that the provisions of Section 6.07 (14) of quired to apply for a permit. The laws on the subject of terminating the zoning ordinance are valid and that Mr. Glockner can be re- non-conforming uses has been slowly but surely developing in favor of the right of municipalities to terminate non-conforming uses; December 7th, 1971 Page 4 - Plan Commission subject, of course, to the general rules that termination pro- visions are reasonable as to time and directed toward some reason- able aspect of land use regulation. Automobile junk yards cases have been terminated as non-conforming uses under ordinances that operations, of course, may be quite difficult to terminate, require termination within two, three, or four years. Extractive depending upon the matter of the operation; that is area already encompassed by the operation, type of mineral removed, nature of surrounding area as being developed, residential or is being mostly farm land, and other factors. Certainly the regulation of the use is possible. If in any particular case a regulation would be deemed to be unreasonable by a court, that particular regulation could be dispensed with. right to terminate or regulate non-conforming uses, I am of the ordinance regulating such uses. opinion that the courts would certainly uphold any reasonable While there is no Wisconsin case directly in point on the Very truly yours, /s/ John Bmckley" Engineer Barry reported that he had made an on-site inspection of the property and progress is being made on the berm to the south of the operation. that Mr. Glockner's junk license be renewed for the 1971-72 period and that in accordance with the city attorney's opinion seconded the motion and the motion carried. the junking operation be phased out within four years. Mr. Bertram extractive operation is continued, it will be necessary for him to apply for an extractive permit as provided for in the zoning ordinance of the City of Muskego. Mr. Raimann seconded the motion and the motion carried. Ald. Burgermeister moved to recommend to the Common Council Ald. Burgermeister moved to advise Mr. Glockner that if the PAYNE & DOIAN - The Commission reviewed the request of Payne & Dolan of Wisconsin. Inc.. for renewal of their permit which expires December 1st.for continued operation of the portable asphalt plant on Crowbar Road on the State Sand & Gravel site. for the season, that they do have a good maintenance program, and Officer Lee reported that he has not received any complaints that pollution is checked through a vapor type system. Zoning regarding the operation. Payne & Dolan's permit be renewed for operation of a portable asphalt plant. Mr. Barry seconded the motion and the motion carried. Engineer Barry reported that the plant has ceased operation , Ald. DeBack moved to recommend to the Common Council that Page 5 - Plan Commission December 7th. 1971 MUSKEG0 MARINE - The Commission reviewed a request from Muskego Marine. S73 W16511 Janesville Road. for amroval of an 8' x sign advertising "Chrysler - Outboards - bbats", same to be located on the green area between the service road and Highway 24. It was noted by the Commission that this business is located in the former building of Milwaukee Picture Tube, a wholesale business which was operating as a legal non-conforming use in this RS-2 OHS District, that the new business is the retail Zoning Officer Lee to investigate the new business and the fofmer sale of marine equipment. It was the Commission's decision for business for report if the new use results in greater or less degree of nonconformity. Marine as submitted. Mr. Raimann seconded the motion and the Ald. Burgermeister moved to approve the sign for Muskego motion carried. UNION 76 PUMP & SAVE STATION - The Commission reviewed a request kor a 30' x 62' canopy to be installed over the island pumps at the Union 76 station; S75 W17226 Janesville Road. Zoning Officer Lee reported that the canopy will be constructed in the setback area and that the city has received an affidavit from Boeck Fuel Company, owner of the property, that they will remove any construction at their expense if it becomes necessary due to street improvement. submitted. Ald. DeBack seconded the motion and the motion carried i4r. Raimann moved to approve the plans for the canopy as . FRANK HAAS parcel division It was noted by of Mr. Hass's property, "151 S7762 Mystic Drive. - The Commission reviewed a sketch for a two the Commission that this is an RS-2 District without 'sewer, requirement being for 110' average width and 20,000 sq. ft. in area, that this proposal is to divide the 40 acres into a sketch for a three parcel division had been approved July 20th 10 acre parcel and a 30 acre parcel. It was also noted that a but was now being withdrawn in favor of this two parcel division. parcel should be advised of possible extension of Dorothy Drive Engineer Barry advised that the purchaser of the ten acre in the event..of future divisions. Mr. Chase expressed concern , if it would be possible to facilitate the further resubdivision RS-2 District. of the ten acre tract into parcels of the size required by the division and that the Commission will be receptive to a preliminary Ald. &Back moved to approve the sketch for the two parcel plat. Mr. Basse seconded the motion. petitioner submit a sketch indicating how this property could be Mr. Chase moved to amend the motion to request that the developed under the RS-2 zoning district requirements. The motion lost for lack of a second. The motion to approve carried. Page 6 - Plan Commission December 7th. 1971 map for a three parcel division of Mr. Kumm's property, S70 W13031 EDWARD KUMM - The Commission reviewed a certified survey Woods Xoad, which had been prepared by Inman, Inc., November 11, 1971. It was noted by the Commission that the sketch for this division had been approved August 3rd and that the Common Council had granted variance for Parcel 3 to have less than the required #191-71 adopted September 28th, 1971. Engineer Barry advised average width for this E-2 sewered district in their Resolution that he had reviewed the certified survey map and recommends approval. Edward Kumm. Ald. Burgermeister seconded the motion and the motion carried. Ald. DeBack moved to approve the certified survey map for JOHN MARSH - The Commission reviewed a certified survey map which had been prepared by Inman, Inc., November 18th, 1971. for a two parcel division of Mr. Marsh's property on Oak Court sketch for this division September 21st subject to a 20' x 30' It was noted by the Commission that they had approved the dedication for road purposes. Engineer Barry advised that he had reviewed the certified survey map and recommends approval. Ald. Burgermeister moved to approve the certified survey map for John Marsh. Mr. Bertram seconded the motion and the motion carried. RESOLUTION #220-71 - GUIDELINES FOR NEW DEVELOPMENE - The Commission reviewed 2esolution #220-71 which had been adopted by the Common Council at their meeting Tuesday, November 23rd, which in accordance with the last paragraph of said resolution had been transmitted to the Plan Commission for concurrence. Mr. Bertram moved to concur with Resolution #220-71. The motion lost for lack of a second. Ald. Foldy submitted and the Recording Secretary read a December Znd, 1971, with John Mielke of Ruekert Pr Mielke which report to the Planning Commission of the Sewer Committee meeting outlined three proposals of action which could be taken on the proposed joint venture with the City of Franklin in building a Commission discussed the proposals presented. temporary forced main to join the Metropolitan sewer. The COMMUNICATIONS """_ GRAVEL, INC. - The following communication dated November 24th, 1971, directed to the Plan Commission from City Attorney Buckley was read by the Recording Secretary: "Dear Mayor: advised that the proper procedure is for the city first to request Gravel, Inc., to make restoration of the site according also be sent to the bonding company. to the restoration plan. Any notice sent to Gravel, Inc., should stated in the notice, and I would suggest 60 days from the date A reasonable time for commenment of restoration should be of the notice. If Gravel, Inc., does not commence restoration, the Regarding the restoration bond of Gravel, Inc.! please be a December 7th, 1971 Page 7 - Plan Commission bonding company should be notified that the city will expect the bonding company to make good on the restoration plan. Very truly yours, /s/ John P. Buckley" file pending Thomas-VanDyken's landfill permit. It was the Commission's decision to place this letter on ADJOURNMENT """ Ald. &Back moved for adjournment at 10:4S P. M. Ald. Burgermeister seconded the motion and the motion carried. Respectfully submitted, Barbara J. Sands Recording Secretary b js 12-13-71